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![handle is hein.slavery/ssactsengr0271 and id is 1 raw text is: XENOS V. ALDERSLEY-VANGELISMOS (THE) [1858] XII MOORE, 352
to have understood those facts accurately at the time'the judgment was pronounced,
and where, therefore, the amount awarded was one of mere discretion, their Lord-
ships would not, except in a case of very extraordinary character, interfere with the
manner in which that discretion was exercised. Their Lordships are of opinion,
looking at the evidence in the cause and the judgment of the Court below, that there
is no ground for disturbing the amount fixed, and that the appeal must be dismissed
with costs.
[Mews' Dig. tit. SHIPPING; A. XVIII. SALVAGE; 13. Award; d. Appeal-Reviewing
Award. See The England, 1868, L.R. 2 P.C. 253, 5 Moo. P.C. (N.S.) 344. As
to admiralty jurisdiction of Privy Council, see note to Batten v. Reg. 1857,
11 Moo. P.C., at p. 287.]
[352] ON APPEAL FROM THE HIGH COURT -OF ADMIRALTY OF ENGLAND.
ANTONIUS XENOS,-Appellant; EDMUND ALDERSLEY and others,-
Respondents * [July 5 and 6, 1858].
TiE EVANGELISMrOS.
A collision took place at sea. The vessel causing the danage got away. From
the appearance of a vessel in. port, the owners of the damaged vessel caused
her to be arrested to answer an action for damages. The vessel seized was a
foreign vessel, and in consequence of the owner having no funds in this
country, she was detained for some months before she was released on bail.
The Plaintiffs failed in identifying the vessel seized as being the one causing
the daiage, and the Admiralty Court dismissed the action with costs, refusing
to award damages.
Such decree affirmed on appeal, there being no evidence of male fides, or crassa
neqliqgentia, which might imply malice, Oni the part of the Plaintiffs in ar-
resting the ship, such arrestmnent being necessary and the foundation of the
action in the Admiralty Court, the proceedings being in rei.
This was originally a cause of damage brought by the owners of the British brig
Hind, against the Greek brig Evangelismos, arising from a collision which took place
on the 20th of October, 1858, at the m6uth of the river Thames, under the following
circumstances.
At about seven, P.m. of the 19th of October, 1857, the brig Hivd was brought to an
anchor about two miles below the Nore Light, and at about thirty minutes before
one A.-M. of the 20th, a vessel (supposed to be the brig Evangelismnos) was perceived
on The li d's starboard bow, and hailed to mind [353] her helm. When the strange
vessel had neared The Hind to within about 150 yards, her helm was ported, and she
canme angling across The Hind's bows, in order to pass her on her port side; but as
the wind and tide brought her rapidly down upon The Hind, tei port forerigging
of the strange vessel caught and carried away The Hinds jib-boom and bowsprit,
which latter went through the foresail of the strange vessel, and the port-bow of the
strange vessel then. came in violent contact with the bluff of the port-bow of The Hind.
Upon the two vessels getting clear of each other, the strange, brig sailed away
towards the Essex shore, closely followed by The hind's boat, which had been lowered
immediately after the collision ; and upon the strange vessel coming to an, anchor off
Southend, those in The Hind's boat made her fast astern of a schooner, which had
been brought up near the strange vessel, and remained there until daylight watching
her. At daylight. The Hind's boat went alongside the strange vessel then under
weigh, and endeavoured, but ineffectually, to board her; at which time some of her
crew were perceived upon a stage over her port-bow repairing damages.
Present: The Right Hon. T. Pemberton Leigh, the Right Hon. Sir Edward
Ryan, the Right Hon. Sir Cresswell Cresswell, and the Right Hon. Sir John Taylor
Coleridge.](ViewImageLocal?handle=hein.slavery/ssactsengr0271&div=1&collection=&method=preview&ext=.png&size=3)